
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1612]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
     CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
 
             SUBCHAPTER I--ELIGIBILITY FOR FEDERAL BENEFITS
 
Sec. 1612. Limited eligibility of qualified aliens for certain 
        Federal programs
        

(a) Limited eligibility for specified Federal programs

                           (1) In general

        Notwithstanding any other provision of law and except as 
    provided in paragraph (2), an alien who is a qualified alien (as 
    defined in section 1641 of this title) is not eligible for any 
    specified Federal program (as defined in paragraph (3)).

                           (2) Exceptions

        (A) Time-limited exception for refugees and asylees

            With respect to the specified Federal programs described in 
        paragraph (3), paragraph (1) shall not apply to an alien until 7 
        years after the date--
                (i) an alien is admitted to the United States as a 
            refugee under section 207 of the Immigration and Nationality 
            Act [8 U.S.C. 1157];
                (ii) an alien is granted asylum under section 208 of 
            such Act [8 U.S.C. 1158];
                (iii) an alien's deportation is withheld under section 
            243(h) of such Act [8 U.S.C. 1253] (as in effect immediately 
            before the effective date of section 307 of division C of 
            Public Law 104-208) or section 241(b)(3) of such Act [8 
            U.S.C. 1231(b)(3)] (as amended by section 305(a) of division 
            C of Public Law 104-208);
                (iv) an alien is granted status as a Cuban and Haitian 
            entrant (as defined in section 501(e) of the Refugee 
            Education Assistance Act of 1980); or
                (v) an alien is admitted to the United States as an 
            Amerasian immigrant pursuant to section 584 of the Foreign 
            Operations, Export Financing, and Related Programs 
            Appropriations Act, 1988 (as contained in section 101(e) of 
            Public Law 100-202 and amended by the 9th proviso under 
            migration and refugee assistance in title II of the Foreign 
            Operations, Export Financing, and Related Programs 
            Appropriations Act, 1989, Public Law 100-461, as amended).

        (B) Certain permanent resident aliens

            Paragraph (1) shall not apply to an alien who--
                (i) is lawfully admitted to the United States for 
            permanent residence under the Immigration and Nationality 
            Act [8 U.S.C. 1101 et seq.]; and
                (ii)(I) has worked 40 qualifying quarters of coverage as 
            defined under title II of the Social Security Act [42 U.S.C. 
            401 et seq.] or can be credited with such qualifying 
            quarters as provided under section 1645 of this title, and 
            (II) in the case of any such qualifying quarter creditable 
            for any period beginning after December 31, 1996, did not 
            receive any Federal means-tested public benefit (as provided 
            under section 1613 of this title) during any such period.

        (C) Veteran and active duty exception

            Paragraph (1) shall not apply to an alien who is lawfully 
        residing in any State and is--
                (i) a veteran (as defined in section 101, 1101, or 1301, 
            or as described in section 107 of title 38) with a discharge 
            characterized as an honorable discharge and not on account 
            of alienage and who fulfills the minimum active-duty service 
            requirements of section 5303A(d) of title 38,
                (ii) on active duty (other than active duty for 
            training) in the Armed Forces of the United States, or
                (iii) the spouse or unmarried dependent child of an 
            individual described in clause (i) or (ii) or the 
            unremarried surviving spouse of an individual described in 
            clause (i) or (ii) who is deceased if the marriage fulfills 
            the requirements of section 1304 of title 38.

        (D) Transition for aliens currently receiving benefits

            (i) SSI

                (I) In general

                    With respect to the specified Federal program 
                described in paragraph (3)(A), during the period 
                beginning on August 22, 1996, and ending on September 
                30, 1998, the Commissioner of Social Security shall 
                redetermine the eligibility of any individual who is 
                receiving benefits under such program as of August 22, 
                1996, and whose eligibility for such benefits may 
                terminate by reason of the provisions of this 
                subsection.
                (II) Redetermination criteria

                    With respect to any redetermination under subclause 
                (I), the Commissioner of Social Security shall apply the 
                eligibility criteria for new applicants for benefits 
                under such program.
                (III) Grandfather provision

                    The provisions of this subsection and the 
                redetermination under subclause (I), shall only apply 
                with respect to the benefits of an individual described 
                in subclause (I) for months beginning on or after 
                September 30, 1998.
                (IV) Notice

                    Not later than March 31, 1997, the Commissioner of 
                Social Security shall notify an individual described in 
                subclause (I) of the provisions of this clause.
            (ii) Food stamps

                (I) In general

                    With respect to the specified Federal program 
                described in paragraph (3)(B), ineligibility under 
                paragraph (1) shall not apply until April 1, 1997, to an 
                alien who received benefits under such program on August 
                22, 1996, unless such alien is determined to be 
                ineligible to receive such benefits under the Food Stamp 
                Act of 1977 [7 U.S.C. 2011 et seq.]. The State agency 
                shall recertify the eligibility of all such aliens 
                during the period beginning April 1, 1997, and ending 
                August 22, 1997.
                (II) Recertification criteria

                    With respect to any recertification under subclause 
                (I), the State agency shall apply the eligibility 
                criteria for applicants for benefits under such program.
                (III) Grandfather provision

                    The provisions of this subsection and the 
                recertification under subclause (I) shall only apply 
                with respect to the eligibility of an alien for a 
                program for months beginning on or after the date of 
                recertification, if on August 22, 1996, the alien is 
                lawfully residing in any State and is receiving benefits 
                under such program on August 22, 1996.

        (E) Aliens receiving SSI on August 22, 1996

            With respect to eligibility for benefits for the program 
        defined in paragraph (3)(A) (relating to the supplemental 
        security income program), paragraph (1) shall not apply to an 
        alien who is lawfully residing in the United States and who was 
        receiving such benefits on August 22, 1996.

        (F) Disabled aliens lawfully residing in the United States on 
                August 22, 1996

            With respect to eligibility for benefits for the specified 
        Federal programs described in paragraph (3), paragraph (1) shall 
        not apply to an alien who--
                (i) was lawfully residing in the United States on August 
            22, 1996; and
                (ii)(I) in the case of the specified Federal program 
            described in paragraph (3)(A), is blind or disabled, as 
            defined in section 1614(a)(2) or 1614(a)(3) of the Social 
            Security Act [42 U.S.C. 1382c(a)(2), (3)]; and
                (II) in the case of the specified Federal program 
            described in paragraph (3)(B), is receiving benefits or 
            assistance for blindness or disability (within the meaning 
            of section 3(r) of the Food Stamp Act of 1977 (7 U.S.C. 
            2012(r))).

        (G) Exception for certain Indians

            With respect to eligibility for benefits for the specified 
        Federal programs described in paragraph (3), section 1611(a) of 
        this title and paragraph (1) shall not apply to any individual--
                (i) who is an American Indian born in Canada to whom the 
            provisions of section 289 of the Immigration and Nationality 
            Act (8 U.S.C. 1359) apply; or
                (ii) who is a member of an Indian tribe (as defined in 
            section 450b(e) of title 25).

        (H) SSI exception for certain recipients on the basis of very 
                old applications

            With respect to eligibility for benefits for the program 
        defined in paragraph (3)(A) (relating to the supplemental 
        security income program), paragraph (1) shall not apply to any 
        individual--
                (i) who is receiving benefits under such program for 
            months after July 1996 on the basis of an application filed 
            before January 1, 1979; and
                (ii) with respect to whom the Commissioner of Social 
            Security lacks clear and convincing evidence that such 
            individual is an alien ineligible for such benefits as a 
            result of the application of this section.

        (I) Food stamp exception for certain elderly individuals

            With respect to eligibility for benefits for the specified 
        Federal program described in paragraph (3)(B), paragraph (1) 
        shall not apply to any individual who on August 22, 1996--
                (i) was lawfully residing in the United States; and
                (ii) was 65 years of age or older.

        (J) Food stamp exception for certain children

            With respect to eligibility for benefits for the specified 
        Federal program described in paragraph (3)(B), paragraph (1) 
        shall not apply to any individual who--
                (i) was lawfully residing in the United States on August 
            22, 1996; and
                (ii) is under 18 years of age.

        (K) Food stamp exception for certain Hmong and Highland Laotians

            With respect to eligibility for benefits for the specified 
        Federal program described in paragraph (3)(B), paragraph (1) 
        shall not apply to--
                (i) any individual who--
                    (I) is lawfully residing in the United States; and
                    (II) was a member of a Hmong or Highland Laotian 
                tribe at the time that the tribe rendered assistance to 
                United States personnel by taking part in a military or 
                rescue operation during the Vietnam era (as defined in 
                section 101 of title 38);

                (ii) the spouse, or an unmarried dependent child, of 
            such an individual; or
                (iii) the unremarried surviving spouse of such an 
            individual who is deceased.

              (3) ``Specified Federal program'' defined

        For purposes of this chapter, the term ``specified Federal 
    program'' means any of the following:

        (A) SSI

            The supplemental security income program under title XVI of 
        the Social Security Act [42 U.S.C. 1381 et seq.], including 
        supplementary payments pursuant to an agreement for Federal 
        administration under section 1616(a) of the Social Security Act 
        [42 U.S.C. 1382e(a)] and payments pursuant to an agreement 
        entered into under section 212(b) of Public Law 93-66.

        (B) Food stamps

            The food stamp program as defined in section 3(h) of the 
        Food Stamp Act of 1977 [7 U.S.C. 2012(h)].

(b) Limited eligibility for designated Federal programs

                           (1) In general

        Notwithstanding any other provision of law and except as 
    provided in section 1613 of this title and paragraph (2), a State is 
    authorized to determine the eligibility of an alien who is a 
    qualified alien (as defined in section 1641 of this title) for any 
    designated Federal program (as defined in paragraph (3)).

                           (2) Exceptions

        Qualified aliens under this paragraph shall be eligible for any 
    designated Federal program.

        (A) Time-limited exception for refugees and asylees

            (i) Medicaid

                With respect to the designated Federal program described 
            in paragraph (3)(C), paragraph (1) shall not apply to an 
            alien until 7 years after the date--
                    (I) an alien is admitted to the United States as a 
                refugee under section 207 of the Immigration and 
                Nationality Act [8 U.S.C. 1157];
                    (II) an alien is granted asylum under section 208 of 
                such Act [8 U.S.C. 1158];
                    (III) an alien's deportation is withheld under 
                section 243(h) of such Act [8 U.S.C. 1253] (as in effect 
                immediately before the effective date of section 307 of 
                division C of Public Law 104-208) or section 241(b)(3) 
                of such Act [8 U.S.C. 1231(b)(3)] (as amended by section 
                305(a) of division C of Public Law 104-208);
                    (IV) an alien is granted status as a Cuban and 
                Haitian entrant (as defined in section 501(e) of the 
                Refugee Education Assistance Act of 1980); or
                    (V) an alien \1\ admitted to the United States as an 
                Amerasian immigrant as described in subsection 
                (a)(2)(A)(i)(V) \2\ of this section until 5 years after 
                the date of such alien's entry into the United States.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``alien is''.
    \2\ See References in Text note below.
---------------------------------------------------------------------------
            (ii) Other designated Federal programs

                With respect to the designated Federal programs under 
            paragraph (3) (other than subparagraph (C)), paragraph (1) 
            shall not apply to an alien until 5 years after the date--
                    (I) an alien is admitted to the United States as a 
                refugee under section 207 of the Immigration and 
                Nationality Act [8 U.S.C. 1157];
                    (II) an alien is granted asylum under section 208 of 
                such Act [8 U.S.C. 1158];
                    (III) an alien's deportation is withheld under 
                section 243(h) of such Act [8 U.S.C. 1253] (as in effect 
                immediately before the effective date of section 307 of 
                division C of Public Law 104-208) or section 241(b)(3) 
                of such Act [8 U.S.C. 1231(b)(3)] (as amended by section 
                305(a) of division C of Public Law 104-208);
                    (IV) an alien is granted status as a Cuban and 
                Haitian entrant (as defined in section 501(e) of the 
                Refugee Education Assistance Act of 1980); or
                    (V) an alien \1\ admitted to the United States as an 
                Amerasian immigrant as described in subsection 
                (a)(2)(A)(i)(V) \2\ of this section until 5 years after 
                the date of such alien's entry into the United States.

        (B) Certain permanent resident aliens

            An alien who--
                (i) is lawfully admitted to the United States for 
            permanent residence under the Immigration and Nationality 
            Act [8 U.S.C. 1101 et seq.]; and
                (ii)(I) has worked 40 qualifying quarters of coverage as 
            defined under title II of the Social Security Act [42 U.S.C. 
            401 et seq.] or can be credited with such qualifying 
            quarters as provided under section 1645 of this title, and 
            (II) in the case of any such qualifying quarter creditable 
            for any period beginning after December 31, 1996, did not 
            receive any Federal means-tested public benefit (as provided 
            under section 1613 of this title) during any such period.

        (C) Veteran and active duty exception

            An alien who is lawfully residing in any State and is--
                (i) a veteran (as defined in section 101, 1101, or 1301, 
            or as described in section 107 of title 38) with a discharge 
            characterized as an honorable discharge and not on account 
            of alienage and who fulfills the minimum active-duty service 
            requirements of section 5303A(d) of title 38,
                (ii) on active duty (other than active duty for 
            training) in the Armed Forces of the United States, or
                (iii) the spouse or unmarried dependent child of an 
            individual described in clause (i) or (ii) or the 
            unremarried surviving spouse of an individual described in 
            clause (i) or (ii) who is deceased if the marriage fulfills 
            the requirements of section 1304 of title 38.

        (D) Transition for those currently receiving benefits

            An alien who on August 22, 1996, is lawfully residing in any 
        State and is receiving benefits under such program on August 22, 
        1996, shall continue to be eligible to receive such benefits 
        until January 1, 1997.

        (E) Medicaid exception for certain Indians

            With respect to eligibility for benefits for the program 
        defined in paragraph (3)(C) (relating to the medicaid program), 
        section 1611(a) of this title and paragraph (1) shall not apply 
        to any individual described in subsection (a)(2)(G) of this 
        section.

        (F) Medicaid exception for aliens receiving SSI

            An alien who is receiving benefits under the program defined 
        in subsection (a)(3)(A) of this section (relating to the 
        supplemental security income program) shall be eligible for 
        medical assistance under a State plan under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.) under the same 
        terms and conditions that apply to other recipients of benefits 
        under the program defined in such subsection.

             (3) ``Designated Federal program'' defined

        For purposes of this chapter, the term ``designated Federal 
    program'' means any of the following:

        (A) Temporary assistance for needy families

            The program of block grants to States for temporary 
        assistance for needy families under part A of title IV of the 
        Social Security Act [42 U.S.C. 601 et seq.].

        (B) Social services block grant

            The program of block grants to States for social services 
        under title XX of the Social Security Act [42 U.S.C. 1397 et 
        seq.].

        (C) Medicaid

            A State plan approved under title XIX of the Social Security 
        Act [42 U.S.C. 1396 et seq.], other than medical assistance 
        described in section 1611(b)(1)(A) of this title.

(Pub. L. 104-193, title IV, Sec. 402, Aug. 22, 1996, 110 Stat. 2262; 
Pub. L. 104-208, div. C, title V, Sec. 510, Sept. 30, 1996, 110 Stat. 
3009-673; Pub. L. 105-18, title II, Sec. 6005(a), June 12, 1997, 111 
Stat. 191; Pub. L. 105-33, title V, Secs. 5301-5302(b), 5303(a), (b), 
5304, 5305(b), 5306(a), (b), 5562, 5563, Aug. 5, 1997, 111 Stat. 597, 
598, 600-602, 638; Pub. L. 105-185, title V, Secs. 503-508, June 23, 
1998, 112 Stat. 578, 579.)

                       References in Text

    Section 243 of such Act, referred to in subsecs. (a)(2)(A)(iii) and 
(b)(2)(A)(i)(III), (ii)(III), is section 243 of act June 27, 1952, which 
is classified to section 1253 of this title. Section 1253 of this title 
was amended generally by Pub. L. 104-208, div. C, title III, 
Sec. 307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no 
longer contains a subsec. (h). For effective date of section 307 of Pub. 
L. 104-208, see section 309 of Pub. L. 104-208, set out as an Effective 
Date of 1996 Amendments note under section 1101 of this title.
    Section 501(e) of the Refugee Education Assistance Act of 1980, 
referred to in subsecs. (a)(2)(A)(iv) and (b)(2)(A)(i)(IV), (ii)(IV), is 
section 501(e) of Pub. L. 96-422, as amended, which is set out in a note 
under section 1522 of this title.
    Section 584 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1988, as contained in section 101(e) of 
Public Law 100-202, referred to in subsec. (a)(2)(A)(v), is section 
101(e) [title V, Sec. 584] of Pub. L. 100-202, Dec. 22, 1987, 101 Stat. 
1329-183, as amended, which is set out as an Amerasian Immigration note 
under section 1101 of this title.
    The 9th proviso under migration and refugee assistance in title II 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989, Public Law 100-461, referred to in subsec. 
(a)(2)(A)(v), is contained in Pub. L. 100-461, title II, Oct. 1, 1988, 
102 Stat. 2268-15, as amended, which is set out as an Amerasian 
Immigration note under section 1101 of this title.
    The Immigration and Nationality Act, referred to in subsecs. 
(a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477, 66 Stat. 
163, as amended, which is classified principally to chapter 12 
(Sec. 1101 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1101 of this 
title and Tables.
    The Social Security Act, referred to in subsecs. (a)(2)(B)(ii)(I), 
(3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act Aug. 14, 1935, ch. 531, 49 
Stat. 620, as amended. Titles II, XVI, XIX, and XX of the Act are 
classified generally to subchapters II (Sec. 401 et seq.), XVI 
(Sec. 1381 et seq.), XIX (Sec. 1396 et seq.) and XX (Sec. 1397 et seq.), 
respectively, of chapter 7 of Title 42, The Public Health and Welfare. 
Part A of title IV of the Act is classified generally to part A 
(Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42. For 
complete classification of this Act to the Code, see section 1305 of 
Title 42 and Tables.
    The Food Stamp Act of 1977, referred to in subsec. (a)(2)(D)(ii)(I), 
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is 
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 2011 of Title 7 and Tables.
    Section 212(b) of Public Law 93-66, referred to in subsec. 
(a)(3)(A), is set out as a note under section 1382 of Title 42, The 
Public Health and Welfare.
    Subsection (a)(2)(A)(i)(V) of this section, referred to in subsec. 
(b)(2)(A)(i)(V), (ii)(V), was redesignated section 1612(a)(2)(A)(v) of 
this title by Pub. L. 105-185, title V, Sec. 503(2), (3), June 23, 1998, 
112 Stat. 578.


                               Amendments

    1998--Subsec. (a)(2)(A). Pub. L. 105-185, Sec. 503, struck out cl. 
(i) designation and heading after subpar. (A) heading, substituted 
``programs described in paragraph (3)'' for ``program described in 
paragraph (3)(A)'' in introductory provisions, redesignated subcls. (I) 
to (V) as cls. (i) to (v), respectively, and realigned their margins, 
and struck out heading and text of former cl. (ii) which related to 
eligibility of certain aliens for the food stamp program.
    Subsec. (a)(2)(F). Pub. L. 105-185, Sec. 504(1), substituted 
``specified Federal programs described in paragraph (3)'' for ``program 
defined in paragraph (3)(A) (relating to the supplemental security 
income program)'' in introductory provisions.
    Subsec. (a)(2)(F)(ii). Pub. L. 105-185, Sec. 504(2), designated 
existing provisions as subcl. (I), inserted ``in the case of the 
specified Federal program described in paragraph (3)(A),'' before ``is 
blind'', substituted ``; and'' for period at end, and added subcl. (II).
    Subsec. (a)(2)(G). Pub. L. 105-185, Sec. 505, substituted 
``Exception'' for ``SSI exception'' in subpar. heading and ``specified 
Federal programs described in paragraph (3)'' for ``program defined in 
paragraph (3)(A) (relating to the supplemental security income 
program)'' in introductory provisions.
    Subsec. (a)(2)(I). Pub. L. 105-185, Sec. 506, added subpar. (I).
    Subsec. (a)(2)(J). Pub. L. 105-185, Sec. 507, added subpar. (J).
    Subsec. (a)(2)(K). Pub. L. 105-185, Sec. 508, added subpar. (K).
    1997--Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5302(a), amended 
heading and text of subpar. (A) generally. Prior to amendment, text read 
as follows: ``Paragraph (1) shall not apply to an alien until 5 years 
after the date--
        ``(i) an alien is admitted to the United States as a refugee 
    under section 207 of the Immigration and Nationality Act;
        ``(ii) an alien is granted asylum under section 208 of such Act; 
    or
        ``(iii) an alien's deportation is withheld under section 243(h) 
    of such Act.''
    Subsec. (a)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted 
``section 243(h) of such Act (as in effect immediately before the 
effective date of section 307 of division C of Public Law 104-208) or 
section 241(b)(3) of such Act (as amended by section 305(a) of division 
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
    Subsec. (a)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(a)(1), added 
subcl. (V).
    Subsec. (a)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562, substituted 
``section 243(h) of such Act (as in effect immediately before the 
effective date of section 307 of division C of Public Law 104-208) or 
section 241(b)(3) of such Act (as amended by section 305(a) of division 
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
    Subsec. (a)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(a)(2), added 
subcl. (V).
    Subsec. (a)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ``, 
1101, or 1301, or as described in section 107'' after ``section 101''.
    Pub. L. 105-33, Sec. 5563(a), inserted ``and who fulfills the 
minimum active-duty service requirements of section 5303A(d) of title 
38'' after ``alienage''.
    Subsec. (a)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted 
before period at end ``or the unremarried surviving spouse of an 
individual described in clause (i) or (ii) who is deceased if the 
marriage fulfills the requirements of section 1304 of title 38''.
    Subsec. (a)(2)(D)(i)(I). Pub. L. 105-33, Sec. 5301(c)(1), 
substituted ``September 30, 1998,'' for ``September 30, 1997,''.
    Pub. L. 105-18, Sec. 6005(a)(1), substituted ``September 30, 1997'' 
for ``the date which is 1 year after August 22, 1996''.
    Subsec. (a)(2)(D)(i)(III). Pub. L. 105-33, Sec. 5301(c)(2), 
substituted ``September 30, 1998'' for ``September 30, 1997,''.
    Pub. L. 105-18, Sec. 6005(a)(2), substituted ``September 30, 1997,'' 
for ``the date of the redetermination with respect to such individual''.
    Subsec. (a)(2)(E). Pub. L. 105-33, Sec. 5301(a), added subpar. (E).
    Subsec. (a)(2)(F). Pub. L. 105-33, Sec. 5301(b), added subpar. (F).
    Subsec. (a)(2)(G). Pub. L. 105-33, Sec. 5303(a), added subpar. (G).
    Subsec. (a)(2)(H). Pub. L. 105-33, Sec. 5304, added subpar. (H).
    Subsec. (b)(2)(A). Pub. L. 105-33, Sec. 5302(b), amended heading and 
text of subpar. (A) generally. Prior to amendment, text read as follows:
    ``(i) An alien who is admitted to the United States as a refugee 
under section 207 of the Immigration and Nationality Act until 5 years 
after the date of an alien's entry into the United States.
    ``(ii) An alien who is granted asylum under section 208 of such Act 
until 5 years after the date of such grant of asylum.
    ``(iii) An alien whose deportation is being withheld under section 
243(h) of such Act until 5 years after such withholding.''
    Subsec. (b)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted 
``section 243(h) of such Act (as in effect immediately before the 
effective date of section 307 of division C of Public Law 104-208) or 
section 241(b)(3) of such Act (as amended by section 305(a) of division 
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
    Subsec. (b)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(b)(1), added 
subcl. (V).
    Subsec. (b)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562, substituted 
``section 243(h) of such Act (as in effect immediately before the 
effective date of section 307 of division C of Public Law 104-208) or 
section 241(b)(3) of such Act (as amended by section 305(a) of division 
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
    Subsec. (b)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(b)(2), added 
subcl. (V).
    Subsec. (b)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ``, 
1101, or 1301, or as described in section 107'' after ``section 101''.
    Pub. L. 105-33, Sec. 5563(a), inserted ``and who fulfills the 
minimum active-duty service requirements of section 5303A(d) of title 
38'' after ``alienage''.
    Subsec. (b)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted 
before period at end ``or the unremarried surviving spouse of an 
individual described in clause (i) or (ii) who is deceased if the 
marriage fulfills the requirements of section 1304 of title 38''.
    Subsec. (b)(2)(E). Pub. L. 105-33, Sec. 5303(b), added subpar. (E).
    Subsec. (b)(2)(F). Pub. L. 105-33, Sec. 5305(b), added subpar. (F).
    1996--Subsec. (a)(2)(D)(ii)(I). Pub. L. 104-208 amended subcl. (I) 
generally. Prior to amendment, subcl. (I) read as follows: ``With 
respect to the specified Federal program described in paragraph (3)(B), 
during the period beginning on August 22, 1996, and ending on the date 
which is 1 year after August 22, 1996, the State agency shall, at the 
time of the recertification, recertify the eligibility of any individual 
who is receiving benefits under such program as of August 22, 1996, and 
whose eligibility for such benefits may terminate by reason of the 
provisions of this subsection.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-185, title V, Sec. 510(b), June 23, 1998, 112 Stat. 580, 
provided that: ``The amendments made by sections 503 through 509 
[amending this section and section 1613 of this title] take effect on 
November 1, 1998.''


                    Effective Date of 1997 Amendments

    Section 5308 of title V of Pub. L. 105-33 provided that: ``Except as 
otherwise provided, the amendments made by this subtitle [subtitle D 
(Secs. 5301-5308) of title V of Pub. L. 105-33, enacting sections 1625 
and 1646 of this title and amending this section and sections 1613, 
1622, and 1641 of this title] shall be effective as if included in the 
enactment of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 [Pub. L. 104-193].''
    Amendment by sections 5562 and 5563 of Pub. L. 105-33 effective as 
if included in the enactment of title IV of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see 
section 5582 of Pub. L. 105-33, set out as a note under section 1367 of 
this title.
    Section 6005(b) of Pub. L. 105-18 provided that: ``The amendment 
made by subsection (a) [amending this section] shall be effective as if 
included in the enactment of section 402 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 [this section].''


                    Effective Date of 1996 Amendment

    Section 510 of div. C of Pub. L. 104-208 provided that the amendment 
made by that section is effective as if included in the enactment of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 
Pub. L. 104-193.

                  Section Referred to in Other Sections

    This section is referred to in sections 1611, 1613, 1614, 1622, 1646 
of this title; title 7 section 2016.
